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9.27.025
<br />(Pleasanton Supp. No. 28, 7-22) 262-6
<br /> J. “Tobacco” or “nicotine product” means any
<br />substance containing tobacco leaf, including, but not
<br />limited to, cigarettes, cigars, pipe tobacco, hookah to-
<br />bacco, or any other preparation of tobacco; and any elec-
<br />tronic cigarette or other electronic device used to gener-
<br />ate smoke; and any product or formulation of matter
<br />containing biologically active amounts of nicotine that is
<br />manufactured, sold, offered for sale, or otherwise dis-
<br />tributed with the expectation that the product or matter
<br />will be introduced into the human body, but does not
<br />include any cessation product specifically approved by
<br />the United States Food and Drug Administration for use
<br />in treating nicotine or tobacco dependence.
<br /> K. “Unenclosed area” means any area on a sub-
<br />ject property that is not an enclosed area.
<br /> L. “Unit” means a personal dwelling space for
<br />one or more persons at a condominium, townhome, or
<br />building or structure with three or more attached resi-
<br />dences, and includes any associated exclusive use unen-
<br />closed area, such as, for example, a private balcony,
<br />deck, fenced outdoor area, patio, or porch. (Ord. 2229 §
<br />2, 2022)
<br />
<br />9.27.025 Smoking prohibited at balconies,
<br />decks, fenced outdoor areas, patios,
<br />porches, and common areas.
<br /> Smoking is prohibited in:
<br /> A. Any exclusive use unenclosed area of a unit,
<br />such as, for example: a private balcony, deck, fenced
<br />outdoor area, patio or porch;
<br /> B. All common areas (both enclosed areas and
<br />unenclosed areas). (Ord. 2229 § 2, 2022)
<br />
<br />9.27.030 Additional smoking-related
<br />prohibitions.
<br /> Where smoking is prohibited under this chapter:
<br /> A. No person shall smoke in any nonsmoking
<br />area.
<br /> B. No person with legal control over any non-
<br />smoking area shall knowingly permit smoking in any
<br />nonsmoking area that is under that person’s control.
<br /> C. Persons who occupy a unit at the subject
<br />property have a duty to advise and require their invitees
<br />and guests to comply with this chapter.
<br /> D. No person shall intimidate or harass any
<br />person who seeks compliance with this chapter. No per-
<br />son shall intentionally or recklessly expose another per-
<br />son to smoke in response to that person’s effort to
<br />achieve compliance with this chapter.
<br /> E. Causing, permitting, aiding, or abetting a
<br />violation of any provision of this chapter shall also con-
<br />stitute a violation of this chapter. (Ord. 2229 § 2, 2022)
<br />9.27.035 Optional lease terms.
<br /> A landlord has the option to incorporate into the
<br />rental agreement for the occupancy of a unit on a subject
<br />property a description of all areas on the subject prop-
<br />erty and leased unit where smoking is allowed or prohib-
<br />ited. (Ord. 2229 § 2, 2022)
<br />
<br />9.27.040 Penalties and enforcement.
<br /> A. Any person who violates any provision of
<br />this chapter may be cited under Chapter 1.24, Adminis-
<br />trative Citations, of this code.
<br /> 1. A first violation of the smoking prohibitions
<br />in Section 9.27.025 will be subject to a warning. When
<br />available, city staff will endeavor to provide the person
<br />with information about available smoking cessation pro-
<br />grams.
<br /> B. This section is not intended to preclude or
<br />otherwise limit any other remedy available to the city by
<br />law or in equity, including remedies under Chapters
<br />1.16, Injunctive Relief, or 1.28, Administrative Reme-
<br />dies, of this code.
<br /> C. Prior to city staff undertaking any enforce-
<br />ment action for an alleged violation of this chapter:
<br /> 1. For situations where a unit is leased, the
<br />landlord of the unit may be asked by city staff to: pro-
<br />vide a copy of the existing lease agreement; and whether
<br />there is any available documentation of landlord’s ac-
<br />tions to achieve tenant’s compliance with this chapter.
<br />City staff may reasonably request that the landlord take
<br />enforcement action as allowed by the rental agreement
<br />for violating the provisions of this chapter.
<br /> 2. For situations where the unit is owner-
<br />occupied or leased, city staff may contact the condomin-
<br />ium or townhome owners’ association to provide staff
<br />with information about association rules and property to
<br />assist city staff with enforcement action.
<br /> D. Enforcement of this chapter is at the sole
<br />discretion of the city. Nothing in this chapter shall create
<br />a right of action in any person against the city or its
<br />agents to compel enforcement of this chapter.
<br /> E. Failure to enforce any provision of this
<br />chapter shall not affect the right to enforce such provi-
<br />sion in the future, nor shall a waiver of any breach con-
<br />stitute a waiver of any subsequent breach or a waiver of
<br />the provision itself. (Ord. 2229 § 2, 2022)
<br />
<br />9.27.045 Private enforcement.
<br /> A. If covenants, conditions, and restrictions
<br />(CC&Rs) governing a subject property are more restric-
<br />tive than this chapter with regard to smoking, those
<br />CC&Rs shall control and shall be enforced by the
<br />homeowners’ association or an owner.
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